Is it legal for your real estate agent to disclose that you and your spouse are divorcing?

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Is it legal for your real estate agent to disclose that you and your spouse are divorcing?

My wife and I hired a real estate agent to sell our home. We found out that when the buyers made an offer on the house they had been told by our real estate agent that my wife and I were divorcing. I did not find this out until after we had closed on the sell, at a considerable amount less than the house should have sold for.

Asked on June 19, 2012 under Real Estate Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It is legal in the sense that anyone who is aware of this may disclose it to anyone else, unless they signed some sort of confidentiality agreement. However, it may be a violation of your agent's duty to you--either neligently, or carelessly, or possibly even intentionally or deliberately (if she was trying to help the buyer get your house for less)--and you might have a cause of action against the agent. It would be worthwhile to consult in detail about this situation (since the specific facts are critical) with an attorney, to evaluate whether you have a case and what  it might be worth.


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